[NYTr] ACLU Backs Craig's Challenge to Guilty Plea

[All the News That Doesn't Fit]

Congressional Qtrly - Sep 17, 2007
http://www.cqpolitics.com/2007/09/aclu_backs_craigs_challenge_to.html


ACLU Backs Craig's Challenge to Guilty Plea

By Bart Jansen, CQ Staff

Sen. Larry E. Craig got an ally Monday in his fight to withdraw his
guilty plea in a restroom sex sting. The American Civil Liberties
Union submitted a brief to a Minnesota court arguing the Idaho
Republican's arrest was likely unconstitutional.

Anthony Romero, the ACLU's executive director, argued that police
sting operations sometimes trap innocent people. He said police
must show that sex was to occur in public, not just that someone
was soliciting sex.

"If the police really want to stop people from having sex in public
bathrooms, they should put up a sign banning sex in the restroom
and send in a uniformed officer to patrol periodically," Romero
said.

Craig repeatedly denied being gay after his arrest in a Minneapolis
airport restroom. But he pled guilty to disorderly conduct in August.

After publicity about the conviction, Craig announced Sept. 1 his
intention to resign Sept. 30. But he vowed to fight to overturn the
conviction, and might remain in office if successful.

A hearing in Hennepin County District Court before Judge Gary Larson
is scheduled Sept. 26.

Craig was caught June 11 when an undercover officer, Sgt. David
Karsnia, alleged that the senator tapped his foot, touched his foot
to Karsnia's and made motions underneath a bathroom stall at the
Minneapolis-St. Paul International Airport.

But Craig's lawyer, William Martin, has argued that the hand and
foot motions were innocuous and were insufficient to justify a
guilty plea.

Craig's Senate and legal spokesmen didn't immediately respond to
requests for comment.

This wouldn't be the first time Craig and the ACLU have found
themselves on the same side of an issue. The group supported Craig's
proposed changes to the Patriot Act related to surveillance and
search warrants.